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# DoJ Argues Against APA Rules Challenges
- URL: https://www.fdaweb.com/doj-argues-against-apa-rules-challenges/
- Published: 2018-09-19T12:00:00.000Z
- Updated: 2026-09-15T00:32:50.000Z
- Author: David McFarland
- Tags: FDA Policy/General, #legacy-id-D5142391

A Justice Department memo to civil litigators throughout the country lays out arguments to be made when seeking to limit courts from applying “overbroad injunctive relief” in cases involving “nationwide injunctions.” Attorney **Anne Walsh** (Hyman, Phelps & McNamara) writes in an online [post](http://www.fdalawblog.net/2018/09/doj-lays-out-arguments-opposing-apa-challenges-to-vacate-rules/?ref=fdaweb.com) that a “nationwide injunction” is one in which the federal government is barred from enforcing a law or policy as to any person or organization regardless of whether the person is a party to the litigation challenging the law or policy.

Walsh explains that in cases involving FDA, a plaintiff can bring an Administrative Procedure Act (APA) challenge to a particular agency regulation and the court, in ruling in favor of the plaintiff, may vacate the challenged rule so that it does not apply to any person, rather than to only the person who brought the suit.

The Justice Department memo lists arguments it wants litigators to make as appropriate to defend against issuance of a potential nationwide injunction. It also gives specific arguments to be made in APA cases. “This APA section reads like an excerpt to be dropped directly into a legal brief, and it will be interesting whether courts ultimately will agree with these legal arguments when presented by DoJ lawyers,” Walsh concludes.